Sanchez v. Hankook Tire Co. Ltd.

United States District Court, D. Nebraska

August 18, 2016

JULIO SANCHEZ, as Personal Representative of the ESTATE OF DANIELA TESTA, Deceased; and as Next Friend of I.M.S., a minor, A.S., a minor, and J.S.J., a minor; and INELDA GUTIERREZ PRADINES, Plaintiffs,v.HANKOOK TIRE CO., LTD., Defendant.

ORDER AMENDING FINAL SCHEDULE FOR PROGRESSION OF
CASE

F.A.
Gossett, III United States Magistrate Judge.

This
matter comes before the court on the Unopposed Motion to
Amend Order Setting Final Schedule for Progression of Case
(Filing No. 56) and Defendant’s Amended Motion
to Amend Order Setting Final Schedule for Progression of Case
(Filing No. 60). The parties’ initial motion
requested extension of certain deadlines, including the
summary judgment deadline, which would have required moving
the final pretrial conference and trial dates. After contact
from the court, none of the parties consented to moving the
trial date. Therefore, Defendant filed an amended motion
omitting the request to extend the summary judgment deadline.
After careful consideration and for good cause shown, the
court finds Defendant’s Amended Motion to Amend Order
Setting Final Schedule for Progression of Case (Filing
No. 60) should be granted. Accordingly, IT IS ORDERED
that paragraph 4 of the Order Setting Final Schedule for
Progression of Case (Filing No. 24) dated October
19, 2015, and paragraphs 2, 3 and 5 of the Order Amending
Final Schedule for Progression of Case (Filing No.
47) dated April 22, 2016, are hereby amended as follows:

1.
Discovery Deadlines:

a.
Deposition Deadline.

All depositions, whether or not they are intended to be used
at trial, shall be completed by October 14, 2016.

b.
Written Discovery Deadline.

All interrogatories, requests for admission and requests for
production or inspection, whether or not they are intended to
be used at trial, shall be completed by August 29,
2016. Counsel may stipulate to extensions of time to
respond to discovery requests in accordance with Fed.R.Civ.P.
29, but such extensions shall not extend any of the dates in
this order; any request to extend the deadlines of this order
shall be sought by motion.

3.
Disclosure of Expert Witnesses: Each plaintiff,
counter-claimant, and cross-claimant shall, as soon as
practicable but no later than July 8, 2016, serve
all opposing parties with the statement required by
Fed.R.Civ.P. 26(a)(2) regarding each expert witness it
expects to call to testify at trial pursuant to the
provisions of Rule 702, 703 or 705, Fed. Rules of Evidence.
Each defendant, counter-defendant, and cross-defendant shall
serve its statement of the expert witnesses it expects to
call to testify pursuant to Rule 702, 703 or 705, Fed. Rules
of Evidence, pursuant to Fed.R.Civ.P. 26(a)(2) as soon
thereafter as practicable, but not later than August 8,
2016 for liability experts and September 15,
2016 for damages experts. If necessary to refute the
disclosed opinions of an expert witness of an opponent, a
plaintiff, counter-claimant, or cross-claimant may disclose
additional expert witnesses not later than September 30,
2016, provided that the disclosing party then provides
all of the information described in Fed.R.Civ.P. Rule
26(a)(2) and makes the expert witness available for
deposition prior to the date set for completion of
depositions. Supplementation of these disclosures, if
originally made prior to these deadlines, shall be made on
these deadlines as to any information for which
supplementation is addressed in Fed.R.Civ.P. 26(e). The
testimony of the expert at trial shall be limited to the
information disclosed in accordance with this paragraph.

4.
Pretrial Disclosures: Pursuant to Fed.R.Civ.P. 26(a)(3), each
party shall serve opposing counsel and file a redacted
version as applicable with the following information
regarding the evidence it may present at trial other than
solely for impeachment purposes as soon as practicable but
not later than the date specified:

a. Nonexpert witnesses - On or before October 15,
2016: The name, address and telephone number of each
witness, separately identifying those whom the party expects
to present and those whom the party may call if the need
arises.

c. Trial Exhibits - On or before October 15, 2016: A
list of all exhibits it expects to offer by providing a
numbered listing and permitting examination of such exhibits,
designating on the list those exhibits it may offer only if
the need arises.

5.
Motions in Limine.

a. Motions in limine challenging the admissibility of expert
testimony at trial under Fed.R.Evid. 702, see Kumho Tire
Co., Ltd. v. Carmichael,526 U.S. 137 (1999) and
Daubert v. Merrell-Dow Pharmaceuticals,509 U.S. 579
(1993), shall be filed no later than September 20,
2016, and accompanied by a request for a hearing if
necessary. ...

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